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Section 15: Powers of Ground Water Authority

The Kerala Ground Water Control and Regulation Act, 2002State Act of Kerala · Act 19 of 2002

(1) The Authority shall have power.-

(a) to enter any property and to measure the quantity of water located on the surface of earth or under the earth.

(b) to inspect any well which is dug or being dug and the soil and other materials excavated there from;

(c) to take samples of such soil or other materials or water extracted on such wells.

(d) to enquire, by order in writing the persons digging a well to keep and preserve in such manner as may be prescribed, the samples of soil or materials extracted from there as directed by the Authority for a period not exceeding three months from the date of completion or abandonment of the work;

(e) to examine and take copies of the relevant records or documents and for obtaining and information required for the implementation of the objects of this Act, to ask any question on matters including the diameter or depth of the well which is dug or being dug, the level at which the water was found out or may be found out and subsequently restored or rested, the types of strata encountered in the digging of well and the quality of water found out;

(f) to enquire the user of groundwater to install water measuring instrument in any water supply machinery. When it is necessary for the proper use of water or there is reason to believe that the user is not complying the provisions contained in this Act or to protect public interest.

(g) to seize the equipments and instruments used for unauthorized digging and to destroy partially or completely the work done.

(h) to require any user of water who does not comply with the provisions of this Act and the rules made there under, to stop any water apply or to destroy any hydraulic work which is found un authorized as per the provisions of this Act and the rules made there under.

(i) to enter and research any place with suchassistance as is deemed necessary, if there is reason to believe that an offence under this Act has been committed or is being committed andto order in writing the person, who has committed or is committing the offence not to use the ground water for a specified period not exceeding thirty days.

(j) to take necessary steps to present the installation of drainage pipes etc. affecting the water source and to prevent depositing of water materials in the surface water sources if it is likely to affect the ground water sources;-

(k) to exercise such other powers that may be necessary for the implementation of the objects of this Act or the rules made thereunder.

(2) The Authority shall perform such functions as may be assigned by the Government from time to time in accordance wi h the objective of this Act.

(3) In case where any user of ground water makes any default in doing any act as required by the authority in exercise of the power under sub-section (1), the authority shall have power to perform such act directly and or realize the expense incurred in that behalf from that person in such manner as may be prescribed.

(4) The provisions of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974) shall, as far as possible, apply to any search held or seizure made under this Act.

(5) Where the authority seizes any machinery or instruments under clause (g) of sub-section (1), it shall as soon as may be within ten day report to magistrate and take his order for the custody of the same.

Where this provision sits

ActThe Kerala Ground Water Control and Regulation Act, 2002
Section15
Marginal notePowers of Ground Water Authority
JurisdictionState of Kerala
StatusIn force as published by the source

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